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In the NSW Supreme Court a plaintiff Purchaser of a property claimed that the defendant Vendor was not entitled to automatically terminate the contract where the Purchaser did not complete a contract within the time stipulated in the contract. In this case the Vendor interpreted the Purchaser's conduct as a legitimate ground to terminate the contract immediately. The court agreed with the Purchaser.
The Purchaser also sought an order from the court for the damages they had incurred as a consequence of the Vendor's termination of the contract. The court examined the Purchaser's conduct and found that even though the contract had not been properly terminated, because the Purchaser had not been "ready willing and able" to complete the contract on time, the Purchaser was not entitled to any damages.